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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Lawyer
Hi I file case against to my previous company...
Hi I file case against to my previous company didnt pay me the salary and they didnt give my gratuity as well and my case is already in the court but almost how many months they didnt give me
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What I will do is there's any way for quickly result almost many months
إجابة الخبير: Moheb Hassan

Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
If your inquiry is related to the employer's refusal to pay the worker's salary and end-of-service gratuity, here is the following information:
If the employer refuses to pay the worker's salary, in addition to not issuing an identity card for him, in that case the worker is entitled to
To file a complaint against the employer, provided that the complaint is submitted to the Ministry of Human Resources and Emiratisation.
In the complaint, the worker may request a request to oblige the employer to pay salaries, and he may also request a request to terminate the employment contract.
You also have the right to request the employer to obtain the end of service gratuity, which is calculated at the rate of twenty-one days' salary for the first five years and thirty days' salary for each year following those five years.
Provided that the total of that remuneration does not exceed two years’ salary.
If the employer refuses to pay the bonus, you can file a complaint with the Ministry of Human Resources and Emiratisation.
If the complaint is transferred to the court, we advise you to follow up and attend the sessions set for consideration of the case
And respond to any documents submitted by the employer.
Here is the text of the UAE Labor Law, related to your inquiry:
(Article 51)
End of service benefits for full-time employees
The national worker is entitled to an end-of-service gratuity at the end of his service, in accordance with the regulating legislation.
Pensions and social security in force in the country.
A foreign worker who works according to the full-time work pattern, and who has completed a year or more in
Continuous service End of service reward at the end of his service, calculated according to the basic wage, based on:
as follows:
The wages of (21) twenty-one days for each year of the first five years of service. •
The wage of (30) thirty days for each year of what exceeds that. •
The foreign worker is entitled to a remuneration for parts of the year in proportion to what he spent at work, provided that he has completed
years of continuous service.
Days of absence from work without pay shall not be included in calculating the period of service. •
Without prejudice to what the legislation decides regarding granting pensions or retirement benefits to workers in some establishments, •
The end of service gratuity shall be calculated according to the last basic wage to which the worker was entitled with respect to those who receive it
Their wages per month, per week, or per day, and according to the average daily wage stipulated in the provisions of this
The decree-law for those who get paid by piece.
It is stipulated in the aforementioned that the end-of-service gratuity for the foreign worker in total shall not exceed two years' wages. •
The employer may deduct from the end of service gratuity any amounts that are due legally or by a judicial ruling;
In accordance with the conditions and procedures specified in the Executive Regulations of this Decree-Law.
The Council of Ministers, based on the proposal of the Minister and after coordination with the concerned authorities, to approve other systems alternative to the system.
End of service reward, and the decision issued by it determines the conditions, controls and mechanism for participation in these systems.
If the employer refuses to pay the worker's salary, in addition to not issuing an identity card for him, in that case the worker is entitled to
To file a complaint against the employer, provided that the complaint is submitted to the Ministry of Human Resources and Emiratisation.
In the complaint, the worker may request a request to oblige the employer to pay salaries, and he may also request a request to terminate the employment contract.
You also have the right to request the employer to obtain the end of service gratuity, which is calculated at the rate of twenty-one days' salary for the first five years and thirty days' salary for each year following those five years.
Provided that the total of that remuneration does not exceed two years’ salary.
If the employer refuses to pay the bonus, you can file a complaint with the Ministry of Human Resources and Emiratisation.
If the complaint is transferred to the court, we advise you to follow up and attend the sessions set for consideration of the case
And respond to any documents submitted by the employer.
Here is the text of the UAE Labor Law, related to your inquiry:
(Article 51)
End of service benefits for full-time employees
The national worker is entitled to an end-of-service gratuity at the end of his service, in accordance with the regulating legislation.
Pensions and social security in force in the country.
A foreign worker who works according to the full-time work pattern, and who has completed a year or more in
Continuous service End of service reward at the end of his service, calculated according to the basic wage, based on:
as follows:
The wages of (21) twenty-one days for each year of the first five years of service. •
The wage of (30) thirty days for each year of what exceeds that. •
The foreign worker is entitled to a remuneration for parts of the year in proportion to what he spent at work, provided that he has completed
years of continuous service.
Days of absence from work without pay shall not be included in calculating the period of service. •
Without prejudice to what the legislation decides regarding granting pensions or retirement benefits to workers in some establishments, •
The end of service gratuity shall be calculated according to the last basic wage to which the worker was entitled with respect to those who receive it
Their wages per month, per week, or per day, and according to the average daily wage stipulated in the provisions of this
The decree-law for those who get paid by piece.
It is stipulated in the aforementioned that the end-of-service gratuity for the foreign worker in total shall not exceed two years' wages. •
The employer may deduct from the end of service gratuity any amounts that are due legally or by a judicial ruling;
In accordance with the conditions and procedures specified in the Executive Regulations of this Decree-Law.
The Council of Ministers, based on the proposal of the Minister and after coordination with the concerned authorities, to approve other systems alternative to the system.
End of service reward, and the decision issued by it determines the conditions, controls and mechanism for participation in these systems.
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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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